City of Duluth v. Duluth Street Railway Co.
Supreme Court of Minnesota
Action in tbe district court for St. Louis county to recover $6,303.40, that portion of the expense of paving Ninth street in the city of Duluth caused by the presence of defendant’s railway tracks. The case was tried before Dancer, J., who made findings and ordered judgment against defendant in the sum of $1,644.61. Defendant’s motion for amended findings was granted in part and denied in part. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
The city of Duluth paved a certain distance of Ninth street. On the part so paved the defendant has tracks upon which are operated *288its electric street railway ears under a franchise duly granted. The pavement is 42 feet wide from curb to curb, where the street car tracks are laid. For a portion of the distance paved there are double tracks and over the rest there is a single track. A dispute arose in respect to the amount the street railway, under its franchise, was obligated to pay towards the cost of paving, and the city brought this action to have the amount determined and collected. The…
2Cases cited18 opinions
- Blair v. City of ChicagoSupreme Court of the United States · 1906
- Chicago v. SheldonSupreme Court of the United States · 1870
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
- Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891
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3Cited by5 opinions
- Andrews v. St. Louis Joint Stock Land Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1939
- City of South St. Paul v. Northern States Power Co.Supreme Court of Minnesota · 1933
- City of Burlington v. Burlington Traction Co.Supreme Court of Vermont · 1924
- City of Duluth v. Duluth Street Railway Co.Supreme Court of Minnesota · 1927
- City of Superior v. Duluth Street Railway Co.Wisconsin Supreme Court · 1918